Agency Activity Archives - Page 7 of 18

Department of Labor Rescinds 80/20 Tip Rule

Kollman & Saucier

12/07/2018

Employers in the restaurant industry are probably familiar with the tip credit, which, in general terms, allows an employer to claim a “credit” between what it pays tipped employees and the minimum wage. The tips that such employees earn, and form the basis for the “credit,” are thought to make up for this gap. However, problems arise when tipped employees perform side work that is related, but not part of, the tipped work. For example,...

Darrell VanDeusen

11/12/2018

Agency Activity, NLRB, Union Activity

The National Labor Relations Board, we are told, is supposed to be the neutral government agency that addresses workplace issues between unions and employers. And I saw a pink unicorn on the way to work this morning. It is not unusual to hear employers sometimes suggest they are skeptical of the Board’s supposed “neutral” stance. A number of decisions coming from the NLRB during the Obama presidency could be characterized as...

Kollman & Saucier

10/11/2018

Agency Activity, Labor Law

On September 14, 2018, the NLRB's Office of General Counsel (OGC) issued a handful of advice memos, several of which are summarized here: The misclassification of employees as independent contractors violates the NLRA because misclassification has and will operate as a restraint on, and interference with, the individuals' exercise of their Section 7 rights. Telemundo Television Studios, LLC (June 13, 2017). Just like employees, independent...

Kollman & Saucier

09/20/2018

Agency Activity, Immigration

Beginning in 2019, the Social Security Administration (SSA) will resume sending “no-match” letters to employers when information submitted on tax forms does not match SSA records. Typically, the name and social security number reported by a worker on Form W-4 does not match the information in SSA databases. The practice was ended by the Obama administration in 2012, the same year the Deferred Action for Childhood Arrivals (DACA) program was...

Kollman & Saucier

08/22/2018

Agency Activity, Workplace Safety

The Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking (NPRM) to rescind the majority of its contentious electronic reporting requirements. You may recall, back in May 2016, OSHA issued a final rule requiring employers with 250 or more employees to submit electronically Forms 300 (Log of Work-Related Injuries and Illnesses), 300A (Summary of Work-Related Injuries and Illnesses) and 301 (Injury and...

Kollman & Saucier

08/08/2018

Agency Activity, Labor Law

As some readers may be aware, last year, the National Labor Relations Board (the Board) reversed several Obama-era precedent setting cases bearing standards generally considered favorable to employees. This included The Boeing Company, 365 NLRB No. 154 (2017) (overruling the Lutheran Heritage standard); PCC Structurals, Inc., 365 NLRB No. 160 (2017) (overruling the Specialty Healthcare standard); and Hy-Brand, 365 NLRB No. 156 (2017)...

Kollman & Saucier

07/06/2018

Agency Activity, Labor Law

The National Labor Relations Board’s (NLRB) Division of Advice recently published an advice memorandum clarifying that the National Labor Relations Act (NLRA) can protect employees who engage in a solo strike. The memorandum centered on a former employee who was terminated from a Papa John’s restaurant in South Carolina after taking part in an August 2016 “Fight for $15” rally organized by several groups, including the Southern Workers...

Kollman & Saucier

06/22/2018

Agency Activity

This week, the U.S. Department of Labor (DOL) made headlines with a final rule affecting small businesses and other entities and a merger proposed by the Trump Administration that could change the structure of the agency as we know it. Expanding Access to Association Health Plans On June 19, the DOL issued a final rule enabling small businesses, including self-employed individuals, to join in forming Association Health Plans (AHPs) for purposes of...

Kollman & Saucier

02/16/2018

Agency Activity, Business Law, Wage & Hour

Prior to and during my college years, I supported myself by working as a server in restaurants. It was fast-paced, hard work with very long hours most of the time. Dealing with hungry and demanding diners also had its mentally exhausting moments. My restaurant job history is near and dear to my heart. So when I learned about the Department of Justice’s proposal to remove Obama-era regulations prohibiting certain employers...

Darrell VanDeusen

01/10/2018

Agency Activity, Wage & Hour

Last June, the U.S. Department of Labor announced that was reinstating Wage & Hour Opinion Letters. The agency also revamped its website where Opinion Letters and other guidance live. See https://www.dol.gov/whd/opinion/guidance.htm Now, the DOL has reissued more than a dozen advisory opinion letters that had been published late in George W. Bush’s administration but then rescinded by the Obama DOL. These letters could give employers guidance...

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Department of Labor Rescinds 80/20 Tip Rule

NLRB Union Protests Board Chair and GC

NLRB's Office of General Counsel Issues More Advice Memoranda

SSA To Resume Sending “No-Match” Letters

OSHA Signals The End Of The New Electronic Reporting Requirements

NLRB Seeks Input on Non-Work Related Use of Company Email Systems

NLRB: Solo Strike May Be Protected Activity

DOL Expands Association Health Plans While Trump Proposes Agency Restructure

FLSA Tip Regulations Facing Repeal By DOL

DOL Reissues Opinion Letters Rescinded in 2009

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Category: Agency Activity

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